Page:United States Statutes at Large Volume 24.djvu/539

 .506 FORTYNINTH CON GBESS. Sess. II. Ch. 359. 1887. the United States, proceed to bear the parties and to ascertain the amount, if any, due the United States ou said account. The Attorney- Gcneml shall represent the United States at the lneaming of smdoauoe. The court may postpone the same from time to time whenever _]ust1ce Judgment. shall require. The judgment of said court or of the Supreme Court of the United States, to which au appeal shall lie, as in other cases, as to the amount duo, shall be binding and conclusive upon the parties. The payment of such amount so found duo by the court shall discharge such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the Limitation- final judgment of said court. Unless suit shall be brought within said time, such claim and the claim on the original indebtedness shall be forever barred. J¤¤i¤•1i<=fi<>¤ Md Suc. 4. That the jurisdiction of the respective courts of the United P’°°‘*‘1“'°· States proceeding under this act, including the right of exception and appeal, shall be governed by the law now in force, in sofar as the same is applicable and not incon istent with the provisions of this act; and the course of procedure shall be in accordance with the established rules of said respective courts, and of snob additions and modifications thereof as said courts may adopt. P¢¤*i¤¤ f¤¤‘_¤¤*· Sm. 5. That the pluintitf in any suit brought under the provisions of `“°“‘°“° °f "l“““‘ the second section of this ant shall lilo as petition, duly venlicd with the clerk of the respective court having jurisdiction of the case, and in tho district where the plaintiff resides. Such petition shall set fortln the full name and residence of the plaintiff, the nature of his claim, and a succinct statement of the thats upon which the claim is based, the money or any other thing claimed, cr the damages sought to be recovered and praying the court for a judgment or decree upon the facts and law. Serviw Sm:. 6. That the plaintiff shall cause soapy of his petition tiled under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a. copy of the same, by registered letter, to the Attorney—General of the United States, aud shall thereupon camo to be Bled with tho clerk of the court wherein suit is instituted an allldavit of such service and the mailing of such letter. It shall be the duty of the district attorney upon D¢f¢¤¤¤¤- whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should bd extended by order of the court made in the case to ille a plea, answer, or demurrer onthe part of the Government, and to tile a notice of any counter-claim, set-off, claim for damages, or other demand or defense whatsoever of P~riw._ the Government in the premises: Provided, That should the district f3§::;;°;Q‘g%:e attorney neglect or refuse to file the plea, answer, damurrcr, or defense, mem ,0 mQ'Wm._ as required, the plaintiff may proceed with the casa under such rules as the court may adopt in the premises; but the plaintilf shall not have judgment or decree for his claim, or any part thereot) unless be mall establish the same by proof satisfactory to the court. Opinions. Sec. 7. That it shall be the duty of the court to cause a written opinion to be tiled in the cause, setting forth the specific Endings by the court of the facts therein and the conclusions of the court upon all questions of law involved in the case, and to render judgment thereon. If the suit be in equity or admimlty, the court shall proceed with the same according to the rules of such courts. . _1¤memd fpar- S20. 8. That in the trial of any suit brought under any of the provis- a party to or interested in said suit; and any plaintiff or party in iutcrest may be examined as a. witness on the part of the Government. R.S· sec. 10‘?9, p- Section ten hundred and seventy-uino of the Revised Statutes is 1*% '°P°°·¥*°d· hereby repealed. The provisions of section mu hundred and eighty of the Revised Statutes shall apply to cases under this act.
 * 5 my mh F- ions of this act, no person shall be excluded as a witness bemmne he is